901:10-2-18
Closure plan requirements.

(A)
The
owner or operator of a facility need not seek continued permit coverage under a
permit to operate or reapply for a permit to
operate, if the facility is no longer a concentrated animal feeding facility,
or if the facility is no longer required to maintain permit coverage in the
permit program in accordance with section
903.082 of the Revised Code. The
owner or operator of a concentrated animal feeding operation need not reapply
for an NPDES permit if the concentrated animal feeding operation will not
discharge or propose to discharge upon expiration of the NPDES permit.

(B)
Permittees who plan to end
permit coverage must submit a closure plan. The owner or operator shall notify
the director in writing and allow the director an opportunity to inspect the
facility to verify that a permit is no longer required and that the facility is
closed for purposes of Chapter 903. of the Revised Code and in accordance this
rule. Thereafter, the director will notify the owner or operator in writing
that the facility is closed in accordance with this rule.

(1)
If all of a concentrated animal feeding
facility or a concentrated animal feeding operation will be closed or
discontinued, the owner or operator shall implement a closure plan for all of
the concentrated animal feeding facility or concentrated animal feeding
operation. At least ninety days before closure, the owner or operator shall
submit a closure plan for the director's approval that provides for the
following:

(b)
Removal of all manure from the manure
storage or treatment facilities.

(c)
Removal of all associated appurtenances
and conveyance structures from liquid manure storage or treatment facilities.

(d)
Land application of the manure
in accordance with rule
901:10-2-14 of the
Administrative Code or disposal in another manner allowed by this chapter.

(e)
If a manure storage or
treatment facility will be filled with soil or if it will be demolished, the
director may require a complete description or outline for the plan and
specifications that will be required for this type of closure.

(2)
If the design capacity of the
facility will be reduced so that the facility is no longer required to be
covered under a permit to operate or an NPDES permit, because of closure of
animal housing buildings, then the owner or operator shall, at least ninety
days before such closure, submit for the director's approval, and thereafter
shall implement, a closure plan that provides for the following:

(b)
A
detailed explanation of how the design capacity of the facility will be
reduced. This explanation would include information such as, but not limited
to: a description of the reduction of animals per cage, pen, lot or barn,
reason for reduction, assurance that the reduction is intended to be permanent
in nature and any other information that is deemed necessary by the director in
order to explain the closure of the facility.

(c)
Any other action necessary to prevent a
discharge of manure that was generated while the operation was a concentrated
animal feeding operation, other than agricultural stormwater from application
areas.

(3)
If the
design capacity of the facility will be reduced so that the facility is no
longer required to be covered under a permit to operate or an NPDES permit, but
there will be no actual closure of any housing buildings or of a manure storage
or treatment facility, then the owner or operator shall, at least ninety days
before such closure, submit for the director's approval, and thereafter shall
implement, a closure plan that provides for the following:

(b)
A
detailed explanation of how the design capacity of the facility will be reduced
without any closure of a housing building. This explanation would include
information such as, but not limited to: a description of the reduction of
animals per cage, pen, lot or barn, reason for reduction, assurance that the
reduction is intended to be permanent in nature and any other information that
is deemed necessary by the director in order to explain the closure of the
facility.

(c)
If a closure of the
facility involves a part of the facility being transferred to a different
owner, then the owner or operator of the permitted facility must provide the
following:

(i)
A copy of a revised site map
showing new property lines and new ownership of each lot;

(iii)
Documentation that demonstrates how the
facility, after the land transfer, will not continue to meet the definition of
either a concentrated animal feeding facility or a concentrated animal feeding
operation.

(d)
Any
other action necessary to prevent a discharge of manure that was generated
while the operation was a concentrated animal feeding operation, other than
agricultural stormwater from application areas.

(C)
If a permittee seeks to close
permanently a manure storage or treatment facility or to close the entire
facility temporarily without terminating permit coverage, the permittee must
submit a closure plan. The owner or operator shall notify the director in
writing and allow the director an opportunity to inspect the facility to verify
that the facility or a portion of the facility is closed for purposes of
Chapter 903. of the Revised Code and in accordance this rule. Thereafter, the
director will notify the owner or operator in writing that the facility is
closed in accordance with this rule.

(1)
If
all or part of a manure storage or treatment facility at a concentrated animal
feeding facility or a concentrated animal feeding operation will be closed or
discontinued, the owner or operator shall implement a closure plan for all or
part of the manure storage or treatment facility. At least ninety days before
closure, the owner or operator shall submit such a closure plan for the
director's approval that provides for the following:

(d)
Land application of the manure in
accordance with rule
901:10-2-14 of the
Administrative Code or disposal in another manner allowed by this chapter.

(e)
Calculations showing the
remaining manure storage and days of storage for the facility that would allow
for compliance with the permit to operate or NPDES permit, or Chapter 901:10-2
of the Administrative Code.

(f)
If
a manure storage or treatment facility will be filled with soil or if it will
be demolished, the director may require a complete description or outline for
the plan and specifications that will be required for this type of closure.

(2)
If a concentrated
animal feeding facility or a concentrated animal feeding operation is to be
temporarily closed or discontinued, the owner or operator shall implement a
closure plan that addresses the temporary closure of the facility. At least
ninety days before closure, the owner or operator shall submit such a closure
plan for the director's approval that provides for the following:

(b)
Removal of manure from the manure storage or treatment facilities.

(c)
Land application of the manure in
accordance with rule
901:10-2-14 of the
Administrative Code or disposal in another manner allowed by this chapter.

(d)
Calculations showing the
remaining manure storage and days of storage for the facility that would allow
for compliance with the permit to operate or NPDES permit, or Chapter 901:10-2
of the Administrative Code.

(e)
Any other action necessary to prevent a discharge of manure during the time of
the temporary closure, other than agricultural stormwater from application
areas.

(3)
If the
closure would constitute a modification as defined in rule
901:10-1-01 of the
Administrative Code, the owner or operator shall apply for a permit
modification removing the closed portions of the facility from the permit and
recalculating the storage volume for the facility. If applicable, the owner or
operator shall also submit an application for a permit to install.